In re Montgomery
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[Cite as In re Montgomery, 2004-Ohio-3241.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION IN RE: TROY L. MONTGOMERY : Case No. V2003-40801 JEANETTE MONTGOMERY : DECISION : Judge Joseph T. Clark Applicant : : : : : : : {¶1} This matter came on to be considered upon the applicant s appeal from the January 14, 2004, order issued by the panel of commissioners. the final decision of the The panel s determination affirmed Attorney General, which denied applicant s claim for an award of reparations. {¶2} R.C. 2743.52(A) places the burden of proof on an applicant to satisfy the Court of Claims Commissioners that the requirements for an award have been met by a preponderance of the evidence. In re Rios (1983), 8 Ohio Misc.2d 4, 8 OBR 63, 455 N.E.2d 1374. The panel found, upon review of the evidence, that applicant failed to present sufficient evidence to meet her burden. {¶3} The standard for reviewing claims that are appealed to the court is established by R.C. 2743.61(C), which provides in pertinent part: If upon hearing and consideration of the record and evidence, the judge decides that the decision of the panel of commissioners is unreasonable or unlawful, the judge shall reverse and vacate the decision or modify it and enter judgment on the claim. of claims is final. The decision of the judge of the court Case No. V2003-40801 {¶4} finds -1- DECISION Upon review of the file in this matter, the court that the panel of commissioners was not arbitrary in finding that applicant did not show by a preponderance of the evidence that she was entitled to an award of reparations. {¶5} Based on the evidence and R.C. 2743.61, it is the court s opinion that the decision of the panel of commissioners was reasonable and lawful. decision of the Therefore, this court affirms the three-commissioner panel, and hereby denies applicant s claim. {¶6} Upon review of the evidence, the court finds the order of the panel of commissioners must be affirmed and the applicant s appeal must be denied. {¶7} IT IS HEREBY ORDERED THAT: {¶8} 1) The order of January 14, 2004, (Jr. Vol. 2252, Pages 79-81) is approved, affirmed and adopted; {¶9} 2) This claim is DENIED and judgment entered for the State of Ohio; {¶10} 3) Costs assumed by the reparations fund. JOSEPH T. CLARK Judge SJM/cmd A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Ashtabula County Prosecuting Attorney and to: Filed 4-29-2004 Case No. V2003-40801 Jr. Vol. 2253, Pg. 119 To S.C. Reporter 6-21-2004 -1- DECISION
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